| Case ID |
ffe835b2-607d-41e9-a819-cbbafd00798e |
| Body |
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| Case Number |
Civil Revision Petition No. 414-P with C.M. 623-P |
| Decision Date |
Apr 26, 2013 |
| Hearing Date |
Feb 16, 2015 |
| Decision |
The revision petition was dismissed. The Appellate Court had decided the case with a conscious and independent application of mind, and no contradictions of a significant nature were found in the evidence provided by the plaintiff. The execution and delivery of the notice 'Talb-e-Ishhad' were proven, and the lack of mention of the date and place of 'Talb-e-Ishhad' in the plaint was not a legal requirement. The appellate decision was upheld due to the absence of grave contradictions and the acknowledgment of receipt by the vendee. |
| Summary |
This case, heard by the Peshawar High Court, involved a dispute over the Khyber Pakhtunkhwa Pre-emption Act, specifically Section 13, which deals with the performance of Talbs. The petitioner, Abdul Malik, sought revision against the judgment that favored the respondent, Mst. Gul Reban. The case centered on the execution and delivery of the notice 'Talb-e-Ishhad'. The trial court had initially dismissed the plaintiff's case due to alleged contradictions and lack of specific details in the plaint. However, the appellate court reversed this decision, finding no significant contradictions in the plaintiff's evidence and stating that the non-mention of certain details did not violate legal requirements. The revision petition was dismissed, affirming the appellate court's judgment. Key points included the acknowledgment of the notice receipt by the vendee and the legal precedence set by the case Daud Shah v. Waris Shah and others, which relaxed the requirement for dating the notice in the plaint. This case highlights the importance of procedural adherence in pre-emption cases and the discretionary power of appellate courts in evaluating evidence. Keywords: Pre-emption Act, Talb-e-Ishhad, appellate court decision, legal procedure, Peshawar High Court. |
| Court |
Peshawar High Court
|
| Entities Involved |
ABDUL MALIK,
MST. GUL REBAN
|
| Judges |
ABDUL LATIF KHAN, JUSTICE
|
| Lawyers |
Nasruminallah for Petitioner,
Aqil Mohmmad Khan for Respondent
|
| Petitioners |
ABDUL MALIK
|
| Respondents |
MST. GUL REBAN
|
| Citations |
2016 SLD 2203,
2016 YLR 685
|
| Other Citations |
Daud Shah v. Waris Shah and others 2014 SCMR 852
|
| Laws Involved |
Khyber Pakhtunkhwa Pre-emption Act
|
| Sections |
13
|